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Yes. A married couple can typically create a joint trust agreement, naming themselves as co-trustees. Under this arrangement, the married couple will own the trust assets during their lifetimes.
Your surviving spouse inherits everything. If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has descendants from previous relationships. Your surviving spouse inherits half of your intestate property and your descendants inherit the other half.
In Florida, a surviving spouse has spousal rights to a deceased spouses property whether or not the decedent provided for such in their will. These rights include exempt property, a family allowance, an intestate share, a pretermitted spousal share, an elective share, and homestead property rights.
Sometimes, however, the home may be owned in one spouses name alone, or perhaps in one of the spouses trusts alone. In that situation, even though the surviving spouses name is not on the deed, the surviving spouse has rights to that property under Floridas constitution.
(1) To the descendants of the decedent. (2) If there is no descendant, to the decedents father and mother equally, or to the survivor of them. (3) If there is none of the foregoing, to the decedents brothers and sisters and the descendants of deceased brothers and sisters.
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Assuming you have no creditor concerns, both spouses want all the assets to go to the surviving spouse, and state death tax will not be an issue, a joint trust may be the way to go, for several reasons: A joint trust is easier to fund and maintain during the couples lifetime.
Spousal Failure to Add a Spouse to a Homestead Title [the Consequences] If someone fails to add a spouse to the homestead title and also passes away without a will, a probate will be required and the state laws of intestacy will dictate to whom the homestead passes and this is not solely the surviving spouse.
Under Florida Statutes Section 732.403, the surviving spouse is also entitled to a reasonable allowance of money payable from the probate assets for maintenance during the administration process. The maximum amount is $18,000. The allowance may be paid in a lump sum or installments.
Separate trusts provide more flexibility in the event of a death in the marriage. Since the trust property is already divided, separate trusts preserve the surviving spouses ability to amend or revoke assets held within their own trust, while ensuring that the deceased spouses trust cannot be amended after death.
Florida law gives a surviving spouse rights in some, but not all, of a decedents property. A surviving spouse will inherit by operation of law, automatically and immediately, any property titled jointly with rights of survivorship or as tenants by entireties. Jointly owned assets are not subject to probate.

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